Clarke v. Omaha & Southwestern Railroad
Nebraska Supreme Court
This was a petition in equity, filed by Henry T. Clarke, in tbe district court for Douglas County, and tried before Chief Justice Lake, by whose judgment it was dismissed for want of equity. Tbe plaintiff appealed.
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This was a petition in equity, filed by Henry T. Clarke, in tbe district court for Douglas County, and tried before Chief Justice Lake, by whose judgment it was dismissed for want of equity. Tbe plaintiff appealed. From the record brought bere it appears tliat in 1868 tbe appellant projected two railroads, the initial point of each of which was Bellevue; one called tbe Bellevue and Sioux City. railroad, running from Bellevue under tlie Bluff, and along the Missouri river to Omaha, and thence north through the river counties; the other, called the Bellevue, Ashland and Lincoln railroad,…
1Opinion of the CourtGantt, J.
In this case two questions are presented for consideration: 1. Whether the plaintiff is entitled to receive from the Omaha & Southwestern R. R. Oo. two hundred shares of its capital stock, in addition to those which have been issued to him. 2. Whether the assignment and transfer of the lands and assets of the Omaha & Southwestern R. R. Oo. to the Nebraska Land and Improvement Company should be adjudged void.
First. In the fifth paragraph of his petition, the plaintiff bases his claim for the additional shares on an agreement, executed prior to the organization of the company defendant, between…
2Cases cited7 opinions
- McCullough v. MossCourt for the Trial of Impeachments and Correction of Errors · 1846
- Beaty v. Lessee of KnowlerSupreme Court of the United States · 1830
- Madison, Watertown & Milwaukee Plank Road Co. v. Watertown & Portland Plank Road Co.Wisconsin Supreme Court · 1859
- Downie v. WhiteWisconsin Supreme Court · 1860
- Harrington v. FishMichigan Supreme Court · 1862
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3Cited by2 opinions
- Clarke v. Omaha & Southwestern RailroadNebraska Supreme Court · 1877
- Clarke v. Omaha & Southwestern RailroadNebraska Supreme Court · 1877